We have 50/50 custody with no child support but when our kid Starts school she lives with me and her mom only get every other weekend. But my question is my x is always texting me asking for money to pay her phone bill, Diapers,wipes,she text me send me some money so I can fed her she’s hungry, I’m about to run out of gas Etc. she has no job she lives off the state. If I went back to court could I get it changed to where she only gets her every other weekend
I would encourage you to locate an attorney in Austin to help you. On my website toward the bottom of the page I list a couple of Austin attorneys. I am not allowed to give names on this website. I believe both have reasonable rates.
As you probably know, if you hire a board certified attorney their hourly rate is usually more than an attorney without board certification.
The issue that comes to my mind is that a 50/50 custody agreement does not mean that you don't pay child support. There is a recent case (out of Houston I believe) where a mom that had the child only 30% of the time received child support from the dad! She had joint custody but did not have the child 50% or more! This case might be appealed and reversed but I did read about a TX case similar to yours just a couple of months ago. It was posted on an attorney Facebook page so I don't know any of the details.
The burden is on you as to why visitation should be changed. It is not easy but not impossible to modify. I assume that you did the final case over a year ago. Basically you are only allowed to go to court once a year unless it is an emergency. I doubt a judge would feel this is an emergency.
Before you reopen your case, I would want to talk to an attorney that knows the judge that you are assigned to since you will be going back to that court.
Fran Brochstein has been a licensed Texas attorney over 27 years & has an active mediation practice. If you found this answer "helpful" or "best answer", please select the button to show your appreciation. Please understand that Fran's reply to your question in no way creates an attorney-client relationship. You are strongly encouraged to consult with an attorney in your county in person about your specific legal problem.
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